Auto Accident Law Firm Accident Legal Matters

Get in touch with an experienced attorney as soon as possible in the event that you've been injured in a car crash. Your lawyer can help you learn about your rights and help you get the compensation that you deserve.

All drivers are responsible for adhering to traffic laws. If they do not comply with this duty and cause harm, they are liable.

Damages

In general, there are two different kinds of damages that can result from an accident. The first type of damage known as special damages, have a value in dollars that is easily calculated. Things like medical bills loss of wages, vehicle repair are examples of special damages. The second type, referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.

To receive compensation for non-economic losses it is necessary to to prove that the injuries suffered were severe enough to merit the award. This is a challenging job and the person who was injured must be represented by an attorney.

Loss of enjoyment of life is among the most commonly reported non-economic losses. In general, this is the amount of money reflected in the reduced quality of life that is experienced as a result of injuries resulting from accidents. This can include the inability of the victim to take part in activities that were once enjoyable like driving.

In rare instances victims might be in a position to sue for punitive damage. This type of loss is designed to punish the perpetrator for a particularly egregious act and also to discourage others from repeating the same actions in the future. Punitive damages may not be available in every case and a successful claim is based on evidence that shows the defendant acted with conscious disregard for other people's safety.

Liability

If you are injured in an auto accident law firms accident, the person responsible for your injuries is accountable to compensate you. This includes compensation for medical expenses, property damages, lost income, and any other non-economic damage such as discomfort and pain. In the majority of cases, it will be the driver that caused the crash. However, it's not unusual for two drivers to share a portion of the blame. Some states have laws known as comparative negligence, in which jurors determine the respective percentages of each driver and adjusts the damage award accordingly.

It is important to prove to the satisfaction of an insurance company or a jury or judge what took place. The burden of evidence is what we call it. The plaintiff bears the burden of proof. You must prove to prove that the accident took place.

Another type of case that can be brought is when a governmental entity is the one responsible for the accident. This can occur when a roadway is poorly constructed or maintained and causes an accident. These types of claims are also referred to as road defect cases. Sometimes, the manufacturers are accountable in these claims as well. They could be held accountable for car defects like brakes, tires and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who was the cause of an accident by looking at the scene of the crash and speaking with witnesses. They could issue an order if they believe the driver was in violation of traffic laws. Insurance companies also review police reports to help determine who is at fault.

It is normal for drivers to blame one another after an accident. However, this can be harmful. Apart from giving the other driver the wrong impression, it could result in an admission of guilt, which could be used against you in court.

In most car accidents, there are usually two or more parties that share a certain amount of blame. This is the reason that most states follow modified comparative fault rules that allow the claimant to recover damages that are less than their portion of the fault. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage fault in an accident. This could reduce the amount of compensation for injuries.

The fact that someone is cited in a car accident could be evidence that they are responsible for the accident. However, it's not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case you may need other types of evidence to prove that an other driver was negligent and caused harm to you. Witness testimony, evidence at the scene of an accident and medical records to prove your injuries.

Police reports

When law enforcement personnel attend the scene of a car accident they fill out an official police report. The reports will contain both facts and opinions noted by the officers who were on the scene at the time of the crash. This is an important document for any claim for auto accident lawsuits accidents. Insurance companies will also review the report to determine the fault and amount of compensation.

Based on the jurisdiction of the police, reports can or may not be considered admissible to court. The police report may contain statements from individuals who haven't been sworn in as witnesses. In order for these statements to be considered as evidence in a legal matter they must fall under one of the hearingsay exceptions under law.

A typical police report contains information about the vehicle, driver, and victims involved in the crash, along with an account of the incident and any evidence that was discovered at the scene. A majority of police reports contain the officer's opinion about the reason for the accident, and who is to blame.

If you are not hurt but you are not injured, it is in your best interest to always submit a police report after any accident that you are involved in even if it seems to be a minor. There are many injuries that do not show up in a hurry and having evidence can make a big difference in getting you the compensation you're entitled to for your medical expenses.

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